Now that it’s clear that jailbreaking iPhones (and performing the similar act known as rooting an Android phone) and unlocking them isn’t a violation of copyright law, let’s conduct a Silly Little Poll. (Note: The fact that this stuff is legal doesn’t mean that Apple, Google, or your wireless carrier is going to help you do it…)

10 Comments For This Post

That jailbreaking isn't a DMCA violation is not the same thing as being legal. There is still the license agreement (if those things turn out in the end to be enforceable).

"Jailbreaking the iPhone is legal" is not something that can correctly be said merely because of the Copyright Office decision.

As to the idea that Apple goes actively after jailbreaking, I'm not sure about that, either. A successful jailbreak feels to me like a security flaw. I'd like Apple to repair security flaws in the software on my phone. Unfortunately for the jailbreak community, repairing the flaws they use impacts their solutions.

If you want an unlocked phone, you don't have to go to Singapore. You can buy unlocked phones anywhere, even the US. They are just harder to find in the US because of extremely low demand due to there only being one standard GSM carrier here. iPhone 4 is hard to find unlocked right now due to the shortage, but iPhone 3GS was available unlocked up until a month or two ago and iPhone 4 will be soon as well.

Also, used phones are typically unlocked. Everybody in the US who upgraded their iPhone 3G/3GS to an iPhone 4 left the store with an iPhone 4 in one hand an a carrier-unlocked iPhone 3G/3GS in the other.

In general, the choice of whether to jailbreak your phone comes down to what kind of device you want in your pocket:

If you want a pocket computer, which happens also to make phone calls, you jailbreak it.
If you want a phone that doubles as a computing appliance, you leave it unbroken.

The exception to this rule is the need, especially in the US, to jailbreak to unlock the phone and get away from AT&T, but here in the UK, where we have a decent choice of service providers and can buy phones unlocked, that isn't really applicable.

I jailbroke my iPhone 3G, and while it was fun for a while (Apple really needs to bring something like SBSettings into iOS), it slowed down my phone FAR too much. I'm considering giving it another go when I pick up my iPhone 4 in the near future (depending on availability after the Canadian launch), but I'm not 100% sure if I want to, or even need to.

> The exception to this rule is the need, especially in the US, to jailbreak
> to unlock the phone and get away from AT&T,

No, that is not a need. If you don't want to run on AT&T, buy an unlocked phone. If you jailbreak it, you lose all security features and void the warranty. It is worthwhile to buy unlocked. It's a little more work to find an unlocked one because there is very low demand in the US, but they are available. Or you can order from Canada or Europe where they have multiple GSM standard carriers and so there is demand for unlocked models.